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Do I have any standing to inherit a portion my uncle's over $500,000 in cash he had in bank accounts when he died..
Anonymous9 views5 answers
I am one of 5 siblings who are my uncle's immediate heirs. My brother had all of my uncle's money placed in my brother's name just before my uncle died. My brother appears to want to keep all of the money for himself. My uncle died over 4 years ago. There may have been a will but my brother cleaned out my uncle's residence. Can we( myself another brother and 2 sisters) force my brother to share the money equally? What are some steps I can take?
Peter John Fiorella IIIProbate AttorneyBuffalo, NY ·
Generally, it is not too late to commence a proceeding in Surrogate's Court even if the estate was closed. The key is that if an estate was opened and this asset was not properly disclosed on the inventory of assets, a discovery proceeding could then be commenced against the executor. If, on the other hand, it was listed, a possible action by all of your siblings against your brother could be commenced in regard to establishing a constructive trust over the account in order to have it divided. This is very difficult to prove, however, because you may not be able to testify as to your uncle's directive as the Dead Man's Statute in New York (Section 4519 of the CPLR) would be raised as an objection since you benefit from the transaction.
This is a very interesting but doable case but I would advise you to seek out an estate attorney to assist you.
Please contact a reputable probate attorney in you area ASAP! If there was no will New York's laws of intestacy (assuming that is where he was from) will act to pass his estate. Not enough information to know whether brother took money without uncle's authority. But if it can be shown he did so without proper authorization that money will go back into the estate. You can hit the link on this site to find a probate attorney. Good luck!
W. Tyler MellingEstate Planning AttorneyCedar City, UT ·
Since it was four years ago, you may be too late depending on your state rules. Either way, you should really contact a probate specialist in your area to see what rights if any you may have. Good luck.
You are very likely past the statute of limitations to bring a claim - plus even if you got a judgment at this point the money may be gone making it hard to collect. In any event, you'll need to contact an attorney if you want to make your case.
